Oksana Grigorieva will file a civil lawsuit against Mel Gibson

The 'Braveheart' actor was sentenced to a year long domestic violence counseling program after he pleaded no contest to a charge of misdemeanor battery against his former girlfriend in a Los Angeles court but Oksana's lawyers will now seek damages in a civil court.

Oksana - who is currently involved in a custody battle with Mel over their 17-month old daughter, Lucia - had previously planned to file a lawsuit against him alleging battery, emotional distress and defamation and her lawyer Daniel Horowitz told TMZ: "Our position hasn't changed."

The plea bargain won't help Oksana in a civil lawsuit, because Mel did not admit to guilt.

In court yesterday it was revealed that Mel is presently undergoing psychological counseling as part of the deal he reached with prosecutors. The 55-year-old star was also served with a protective order not to "threaten or harass anyone involved in the case".

In addition to probation and counseling, Mel has to serve 16 hours of community service with the organization Mending Kids International.

A statement from Mel's lawyer, Blair Berk, made earlier this week said the actor had accepted the plea deal to escape a long court fight.